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National Parks and Wildlife (Torrens Island Conservation
Park—Preservation of Rights) Proclamation 2005
under section 43 of the National Parks and Wildlife Act 1972
1 The Crown land described in Schedule 1 is, by another proclamation made
on this day, added to the Torrens Island Conservation Park under section 29(3)
of the National Parks and Wildlife Act 1972.
2 It is intended that, by this proclamation, certain existing and future
pipeline rights and related rights of entry be preserved in relation to the land
added to the conservation park.
This proclamation may be cited as the National Parks and Wildlife
(Torrens Island Conservation Park—Preservation of Rights)
Proclamation 2005.
This proclamation comes into operation on the day on which it is
made.
In this proclamation—
Environment Minister means the Minister to whom the
administration of the National Parks and Wildlife Act 1972 is
committed;
Mining Minister means the Minister to whom the administration
of the Petroleum Act 2000 is committed;
work includes the operation of a transmission
pipeline.
Subject to clause 6, existing rights relating to the construction or
operation of a transmission pipeline, together with rights of entry for that
purpose, under the Petroleum Act 2000 may continue to be exercised
in respect of the land described in Schedule 1.
Rights relating to the construction or operation of a transmission
pipeline, together with rights of entry for that purpose, may, with the approval
of the Mining Minister and the Environment Minister, be acquired pursuant to the
Petroleum Act 2000 in respect of the land described in Schedule 1,
and may, subject to clause 6, be exercised in respect of that
land.
6—Conditions
for exercise of rights
A person in whom rights referred to in clause 4 or 5 are vested
pursuant to the Petroleum Act 2000 (whether those rights were
acquired before or after the making of this proclamation) must not exercise
those rights in respect of the land described in Schedule 1 unless the person
complies with the following conditions:
(a) if work to be carried out in relation to the land in the exercise of
those rights is a regulated activity within the meaning of the Petroleum
Act 2000, the person must ensure that—
(i) the work is not carried out until a statement of environmental
objectives in relation to the activity that has been approved under that Act has
also been approved by the Environment Minister; and
(ii) the work is carried out in accordance with the statement so
approved;
(b) if work to be carried out in relation to the land in the exercise of
those rights has not previously been authorised, the person must give at least 3
months notice of that proposed work to the Mining Minister and the Environment
Minister and must supply each Minister with such information relating to the
proposed work as the Minister may require;
(c) if directions are agreed between the Mining Minister and the
Environment Minister and given to the person in writing in relation
to—
(i) carrying out work in relation to the land in a manner that minimises
damage to the land (including the land's vegetation and wildlife) and the
environment generally; or
(ii) preserving objects, structures or sites of historical, scientific or
cultural interest; or
(iii) rehabilitating the land (including the land's vegetation and
wildlife) on completion of the work; or
(iv) (where the work is being carried out in the exercise of rights
acquired after the making of this proclamation) prohibiting or restricting
access to any specified area of the land that the Ministers believe would suffer
significant detriment as a result of carrying out the work,
(being directions that do not reduce or otherwise detract from any
requirement in respect of any of those matters contained in an approved
statement of environmental objectives referred to in paragraph (a)), the
person must comply with those directions in carrying out the work;
(d) if a plan of management is in operation under section 38 of the
National Parks and Wildlife Act 1972 in respect of the land, the
person must have regard to the provisions of the plan of management;
(e) in addition to complying with the other requirements of this
proclamation, the person—
(i) must take such steps as are reasonably necessary to ensure that
objects, structures and sites of historical, scientific or cultural interest and
the land's vegetation and wildlife are not unduly affected by any work;
and
(ii) must maintain all work areas in a clean and tidy condition;
and
(iii) must, on the completion of any work, obliterate or remove all
installations and structures (other than installations and structures designated
by the Mining Minister and the Environment Minister as suitable for retention)
used exclusively for the purposes of the work;
(f) if no direction has been given by the Mining Minister and the
Environment Minister under paragraph (c)(iii), the person must (in addition
to complying with any approved statement of environmental objectives referred to
in paragraph (a)) rehabilitate the land (including the land's vegetation
and wildlife) on completion of the work to the satisfaction of the Environment
Minister.
7—Governor may give approvals,
directions
If—
(a) the Mining Minister and the Environment Minister cannot agree as to
whether—
(i) approval should be granted or refused under clause 5;
or
(ii) a direction should be given under clause 6(c); or
(b) the Environment Minister does not approve a statement of environmental
objectives referred to in clause 6(a),
the Governor may, with the advice and consent of the Executive
Council—
(c) grant or refuse the necessary approval under clause 5 or
clause 6(a); or
(d) give a direction in writing under clause 6(c).
Schedule 1—Description of land
Allotment 12 of DP 55734, Hundred of Port Adelaide, County of
Adelaide;
Pieces 306 and 406 of DP 55734, Hundred of Port Adelaide, County of
Adelaide.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 3 March
2005
EC05/0005CS
[Published in the Gazette on 3 March 2005 at page 574]